Legal Term: DEPUTY

Definition: One authorized by an officer to exercise the office or right which the officer possesses, for and in place of the latter. 2. In general, ministerial officers can appoint deputies, Com. Dig. Officer, D 1, unless the office is to be exercised by the ministerial officer in person, and where the office partakes of a judicial and ministerial character, although a deputy may be made for the performance of ministerial acts, one cannot be made for the performance of a judicial act, a sheriff cannot therefore make a deputy to hold an inquisition, under a writ of inquiry, though he may appoint a deputy to serve a writ., 3. In general, a deputy has power to do every act which his principal might do but a deputy cannot make a deputy. 4. A deputy should always act in the name of his principal. The principal is liable for the deputys acts performed by him as such, and for the neglect of the deputy, Danes Ab. vol. 3, c. 76, a. 2, and the deputy is liable himself to the person injured for his own tortious acts. Danes Ab. Index, h. t., Com. Dig. Officer, D, Viscount, B. Vide 7 Vin. Ab. 556 Arch. Civ. Pl. 68, 16 John. R. 108.

Return to the Legalnut.com Law Dictionary